Court No. - 28 Case :- U/S 482/378/407 No. - 205 of 2010 Petitioner :- Pradeep Kumar Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Prashansa Singh Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Learned A.G.A. has put in appearance on behalf of the State.
Issue notice to opposite party no. 2 returnable at an early date.
Steps be taken within seven days through registered post, failing which the
interim order which is being passed herein below shall come to an end.
Learned counsel for the petitioner submits that as would be apparent from
perusal of the charge sheet the date of incident is said to be 22.07.2007
whereas the F.I.R. has been lodged on 01.08.2008, after much delay without
any plausible explanation. Learned counsel further points out that the injury
report is also highly belated i.e. 24.08.2008 and all the injuries are complaint
of pain. In respect of the allegation regarding offence under Section 3 (1) (X)
SC/ST Act, it is said that there is no allegation that the petitioner abused him
by caste in public view. Therefore, it is said that the offence under Section 3
(1) (X) SC/ST Act and 307 I.P.C. are not made out.
It appears to be an arguable case.
In view of the above, till the pendency of this petition, the proceedings of
Criminal Case No. 36 of 2009 (State Vs. Pradeep), pending in the Court of
Addl. Sessions Judge/F.T.C. IV, Court No. 13, Sultanpur shall remain stayed.
Order Date :- 21.1.2010
ML/-